Basic Information
Chinese name: obscene
Foreign name: Obscene, lewd, salacious
Pinyin: wěi xiè
Basic definition: to do obscene actions to satisfy one's own desires
Basic overview
In a broad sense, lewdness includes all lustful acts that impede social morality except rape and incest, such as sodomy, bestiality, public masturbation, and the distribution of obscene books and periodicals. In a narrow sense, obscenity includes public exposure of genital organs, forced or mutually voluntary groping, hugging, sucking, tongue licking, etc. in each other's erogenous zones. Obscene behavior seriously endangers the physical and mental health of the victim and corrupts the social atmosphere. many countries have stipulated different types of indecency crimes according to the characteristics of indecent means, indecent objects, the identity of the indecent offender or the specific relationship with the victim, indecent methods, etc. The crime of indecency (specially against children by non-coercive means), the crime of indecency by chance (when the victim is sick, drunk, asleep, or in a trance), the crime of public indecency (implemented in public places, such as couples having sex in public), the use of power to molest Crime (use of power, guardianship, etc.).
age definition
Article 237 of the "Criminal Law" stipulates the crime of molesting women and molesting children. Since the objective acts constituting the above two crimes are generally similar, how to distinguish "children" (women) and "women" is to distinguish the two crimes The essential. According to the "Reply of the Supreme People's Court on How to Divide the Age Boundaries of Infants, Infants and Children in Human Trafficking Cases": "Children are children over the age of six but under the age of fourteen"; and there is no relevant judicial system for the definition of women's age. The interpretation is determined, so in the field of criminal justice, the age extension of women is interpreted as having reached the age of 14, and this is also the case in judicial practice.
identify
1. The boundary between the crime of forced indecency and insulting women and general indecency and insulting women
First of all, it is necessary to distinguish between compulsory indecency and insulting women and non-coercive indecency and insulting women. This law only punishes the behavior of indecent and insulting women by coercive methods. crime. Secondly, not any act of forcibly molesting or insulting women constitutes the crime of forcibly molesting or insulting women. Although this article does not stipulate the elements of "serious circumstances" on the composition of the crime of forced indecency or insulting women, the acts of forced indecency and insulting women with significantly minor circumstances and little harm cannot also be regarded as crimes.
2. The use of women's irresistible state to carry out the characterization of indecent behavior
Forced molestation of women is generally carried out by means of violence to make women unable to resist, or coercion, that is, spiritual coercion, to make women dare not resist. So, can obscene acts committed by taking advantage of women's serious illness, drunkenness, deep sleep, coma, etc., can be identified as the crime of compulsory obscene obscene? We believe that this obscene behavior is essentially against women's will, and its obscene means It can be regarded as "other means" other than "violence" and "coercion", therefore, it should be identified as the crime of forcibly molesting women.
3. How to determine the crime of compulsory molestation of women by using power, upbringing and affiliation
We believe that the key to confirming the crime of forcibly molesting women by taking advantage of power, upbringing and affiliation is to find out whether the perpetrator used a specific relationship to coerce women. This is the same as the distinction between rape using a specific relationship and adultery based on mutual use in the determination of the crime of rape. In the determination of the crime of compulsory indecency, the behavior of having an upbringing relationship, subordinate relationship and using power to molest women cannot be regarded as compulsory indecency. If the perpetrator uses his power to lure the woman, and the woman tolerates the perpetrator's indecent assault on the basis of mutual use, it cannot be regarded as the crime of forcibly molesting a woman.
4. The boundary between the crime of insulting women and the crime of insulting women
The act of insulting women is very similar to the crime of insulting women, both of which can take violence, coercion or other methods. The difference is: (1) The situation of the target is different. The crime of insulting women is generally aimed at unspecified women; while the acts of insulting women in the crime of insulting women are carried out against specific objects; (2) the purpose and motive are different, and the acts of insulting women by the crime of insulting women are generally For the sake of making trouble and seeking spiritual stimulation; the insults to women in the crime of insult are generally out of personal grudge, jealousy or revenge, and the purpose is to degrade the personality and reputation of a specific woman.
